Chapter 40. Requirements for Product Approval
3VAC5-40-10. Spirits; labels, definitions and standards of identity.
Spirits sold in the Commonwealth shall conform with regulations adopted by the appropriate federal agency relating to labels, definitions, standards of identity, and standards of fill. In addition, the prior approval of the Virginia Alcoholic Beverage Control Authority (authority) must be obtained as to the spirits, containers, and labels. The authority may request a copy of the federal certificate of label approval before a product is approved for sale.
Subsequent sales under an approved label shall conform to the analysis of the spirits originally approved by the authority and shall be packaged in approved types and sizes of containers.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-4 § 1, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 30, Issue 8, eff. January 15, 2014; Volume 32, Issue 21, eff. July 28, 2016; Volume 41, Issue 11, eff. February 12, 2025.
3VAC5-40-20. Wine and beer; qualifying procedures; disqualifying factors; samples; exceptions.
A. Except as provided in subsection F of this section, all wine and beer sold in the Commonwealth shall be first approved by the Virginia Alcoholic Beverage Control Authority (authority) as to content, container, and label.
1. All wine and beer sold in the Commonwealth shall conform with regulations adopted by the appropriate federal agency relating to labels, definitions, and standards of identity. An application acceptable to the authority or on a form prescribed by the authority describing the merchandise shall be submitted for each new brand and type of wine or beer offered for sale in the Commonwealth. Applicants shall submit a copy of the approval of the label by such federal agency. A registration fee in an amount established by the authority shall be included with each application.
2. A gift package containing wine or beer for which label approval has been granted may be sold without additional approval by the authority.
B. There shall be a rebuttable presumption that any label that has obtained prior approval by the appropriate federal agency may be approved by the authority; however, the authority may withhold approval of any label if it has reasonable cause to believe the container or label:
1. Contains any obscene subject matter or illustration;
2. Contains a design or statement that is likely to induce underage persons to drink or targets underage persons;
3. Suggests the intoxicating effect of wine or beer;
4. Contains any design or statement that is likely to mislead the consumer;
5. Except as provided in this subsection, containers of wine or beer, or any labels on such containers, or any carton, case, or individual covering of such containers, used for sale at retail, or any written, printed, graphic, or other material accompanying such containers to the consumer, must contain no statement, design, device, or representation that tends to create a false or misleading impression that the wine or beer contains distilled spirits or is a distilled spirits product. This subdivision does not prohibit:
a. A truthful and accurate statement of alcohol content;
b. The use of a brand name or imagery of a distilled spirits product, provided that in the authority's determination the label in its totality does not create a misleading or confusing impression as to the identity and composition of the product;
c. The use of a cocktail name as a brand name, provided that the overall labeling does not present a misleading impression about the identity or composition of the product; or
d. The use of truthful and accurate statements about the production of the product as part of a statement of composition or otherwise, as long as such statements do not create a misleading impression as to the identity or composition of the product;
6. Implies or indicates that the product is government (federal, state, or local) endorsed;
7. Is not clearly distinguishable from a nonalcoholic product or minimizes, fails to identify, or disguises the product's alcoholic contents. The authority shall take into account:
a. The number, location, size, and clarity of references to the alcohol content on the label;
b. Whether the labeling or container emphasizes features that are more commonly associated with nonalcoholic consumable products;
c. Any and all differences between the product's container or label and the nonalcoholic product, including color palette, font type, imagery, placement of words, images or descriptions, and backgrounds; and
d. Any other relevant factor, including whether the nonalcoholic product is clearly marketed as a nonalcoholic beverage alternative to an alcoholic beverage product; or
8. Implies that the product enhances athletic prowess or depicts any athlete consuming or about to consume alcohol prior to or while engaged in an athletic activity; uses the name, image, or likeness of an athlete younger than 21 years of age; or depicts an athlete consuming alcohol while the athlete is operating or about to operate a motor vehicle or other machinery.
C. In analyzing products and labels for approval, the authority may consider the totality of the product label and packaging and consider any other relevant factors.
D. A person holding a license as a winery, farm winery, brewery, or a wine or beer wholesaler shall, upon request, furnish the authority without compensation a reasonable quantity of such brand sold by the person for chemical analysis.
E. Any wine or beer sold only by direct shipment to consumers by holders of wine or beer shippers' licenses shall be approved upon compliance with subdivision A 1 of this section.
F. If the authority has not approved a wine or beer for sale within 30 days after receipt by the authority of a complete application and registration fee, the wine or beer may be sold in the Commonwealth pending a decision from the authority on the application. If the application for approval is rejected, the manufacturer or importer shall discontinue sales of the rejected product upon notice from the authority. Any wholesale or retail licensee may continue sales until any inventory on hand at the time of notice from the authority is depleted.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-4 § 2, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 21, Issue 19, eff. June 29, 2005; Volume 23, Issue 13, eff. May 19, 2007; Volume 30, Issue 8, eff. January 15, 2014; Volume 41, Issue 11, eff. February 12, 2025.
3VAC5-40-30. Wine and beer containers; sizes and types; on-premises and off-premises limitations; cooler-dispensers; novel containers; carafes and decanters.
A. Wine and beer may be sold at retail only in or from the original containers of the sizes that have been approved by the appropriate federal agency, except that farm winery licensees may conduct barrel tastings at the winery at which samples of wine not yet bottled may be sold to visitors to the winery. Each farm winery conducting a barrel tasting shall measure the wine withdrawn for the tasting, maintain full and complete records, and remit the taxes imposed by § 4.1-234 of the Code of Virginia.
B. Wine sold for on-premises consumption shall not be removed from the licensed premises except in the original container with closure. Beer dispensed for on-premises consumption shall not be removed from authorized areas upon the premises. No wine or beer shall be sold for off-premises consumption in any container upon which the original closure has been broken, except for (i) a growler; or (ii) wine or beer sold for off-premises consumption by on-premises licensees that are not in the manufacturer's original sealed container, which shall (a) be enclosed in a container that has no straw holes or other openings and is sealed in a manner that allows a person to readily discern whether the container has been opened or tampered with subsequent to its original closure; (b) display the name of the licensee from which the wine or beer was purchased; (c) be clearly marked with the phrase "contains alcoholic beverages"; and (d) have a maximum volume of 16 ounces per beverage. A "growler" is defined as a resealable container made of glass, ceramic, metal, or other materials approved by the Virginia Alcoholic Beverage Control Authority (authority) as well as resealable containers approved by the authority.
1. Beer and cider may be sold for off-premises consumption by persons licensed to sell beer and cider for off-premises consumption in growlers with a maximum capacity of 128 fluid ounces or, if in metric size containers, four liters.
2. Wine may be sold for off-premises consumption in growlers with a maximum capacity of 64 fluid ounces or, for metric size containers, two liters. Wine sold in growlers may only be sold by persons licensed to sell wine for both on-premises and off-premises consumption and by gourmet shop licensees. Wine sold by gourmet shop licensees shall be labeled with the (i) manufacturer's name or trade name, (ii) place of production, (iii) net contents in fluid ounces, and (iv) name and address of the retailer.
3. Retail licensees licensed to sell wine and beer for both on-premises and off-premises consumption and gourmet shop licensees licensed for off-premises consumption may sell wine and beer in sealed containers made of metal or other materials approved by the authority with a maximum capacity of 32 fluid ounces or, if in metric size containers, one liter, provided that the alcoholic beverages are placed in the container following an order from the consumer.
C. Novel or unusual containers are prohibited except upon special permit issued by the authority. In determining whether a container is novel or unusual, the authority may consider, but is not limited to, the following factors: (i) nature and composition of the container, (ii) length of time it has been employed for the purpose, (iii) the extent to which it is designed or suitable for those uses, (iv) the extent to which the container is a humorous representation, and (v) whether the container is dutiable for any other purpose under customs laws and regulations.
Statutory Authority
§§ 4.1-103 and 4.1-111 of the Code of Virginia.
Historical Notes
Derived from VR125-01-4 § 3, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 30, Issue 8, eff. January 15, 2014; Volume 32, Issue 20, eff. July 15, 2016; Volume 41, Issue 11, eff. February 12, 2025.
3VAC5-40-40. (Repealed.)
Historical Notes
Derived from VR125-01-4 § 4, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 21, Issue 19, eff. June 29, 2005; repealed, Virginia Register Volume 30, Issue 8, eff. January 15, 2014.
3VAC5-40-50. (Repealed.)
Historical Notes
Derived from VR125-01-4 § 5, eff. December 12, 1985; amended, Virginia Register Volume 4, Issue 6, January 21, 1988; Volume 5, Issue 2, eff. November 24, 1988; Volume 9, Issue 6, eff. January 13, 1993; Volume 10, Issue 11, eff. March 23, 1994; Volume 21, Issue 19, eff. June 29, 2005; Volume 23, Issue 13, eff. May 19, 2007; repealed, Virginia Register Volume 30, Issue 8, eff. January 15, 2014.
Forms (3VAC5-40)
Order and Permit for Transportation of Alcohol, #703-69 (eff. 11/87).
Order and Permit for Transportation of Alcoholic Beverages, #703-73.
Mixed Beverage Annual Review-Instructions for Completion, #805-44 (rev. 11/06).
Application for Off Premises Keg Permit, #805-45 (rev. 07/98).
Application for License, #805-52 (rev. 06/04).
Application for Grain Alcohol Permit, #805-75.
Special Event License Application Addendum—Notice to Special Event Licenses Applicants, Form SE-1 (rev. 08/02).
Statement of Income & Expenses for Special Event Licenses (with instructions), Form SE-2 (rev. 08/02).